Title 11BankruptcyRelease 119-73

§922 Automatic stay of enforcement of claims against the debtor

Title 11 › Chapter CHAPTER 9— - ADJUSTMENT OF DEBTS OF A MUNICIPALITY › Subchapter SUBCHAPTER II— - ADMINISTRATION › § 922

Last updated Apr 6, 2026|Official source

Summary

Filing a petition under this chapter puts an automatic hold, in addition to the one in section 362, on anyone trying to start or continue court, agency, or other proceedings against an officer or resident of the debtor when those proceedings try to collect from the debtor. It also stops enforcing liens that are on or come from taxes or assessments owed to the debtor. The rules in subsections (c) through (g) of section 362 apply to this hold the same way they apply to the stay in section 362(a). If the debtor gives proper protection for a secured creditor’s interest under sections 362, 364, or 922, and the creditor still has a claim because of the stay on actions against its property under section 362 or 922 or because a lien was granted under section 364(d), that claim may be treated as an administrative expense under section 503(b). Filing a petition does not stop using pledged special revenues under section 927 to pay debts secured by those revenues.

Full Legal Text

Title 11, §922

Bankruptcy — Source: USLM XML via OLRC

(a)A petition filed under this chapter operates as a stay, in addition to the stay provided by section 362 of this title, applicable to all entities, of—
(1)the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against an officer or inhabitant of the debtor that seeks to enforce a claim against the debtor; and
(2)the enforcement of a lien on or arising out of taxes or assessments owed to the debtor.
(b)Subsections (c), (d), (e), (f), and (g) of section 362 of this title apply to a stay under subsection (a) of this section the same as such subsections apply to a stay under section 362(a) of this title.
(c)If the debtor provides, under section 362, 364, or 922 of this title, adequate protection of the interest of the holder of a claim secured by a lien on property of the debtor and if, notwithstanding such protection such creditor has a claim arising from the stay of action against such property under section 362 or 922 of this title or from the granting of a lien under section 364(d) of this title, then such claim shall be allowable as an administrative expense under section 503(b) of this title.
(d)Notwithstanding section 362 of this title and subsection (a) of this section, a petition filed under this chapter does not operate as a stay of application of pledged special revenues in a manner consistent with section 927 of this title to payment of indebtedness secured by such revenues.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

house report no. 95–595

The automatic stay provided under section 362 of title 11 is incomplete for a municipality, because there is the possibility of action by a creditor against an officer or inhabitant of the municipality to collect taxes due the municipality. section 85(e)(1) of current chapter IX [section 405(e)(1) of former title 11] stays such actions. section 922 carries over that protection into the proposed chapter 9. Subsection (b) applies the provisions for relief from the stay that apply generally in section 362 to the stay under section 922.

Editorial Notes

Amendments

1988—Subsecs. (c), (d). Pub. L. 100–597 added subsecs. (c) and (d). 1984—Subsec. (a)(1). Pub. L. 98–353 substituted “a judicial” for “judicial”, and “action or proceeding” for “proceeding”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–597 effective Nov. 3, 1988, but not applicable to any case commenced under this title before that date, see section 12 of Pub. L. 100–597, set out as a note under section 101 of this title.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Reference

Citations & Metadata

Citation

11 U.S.C. § 922

Title 11Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73